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Adam L. Sisitsky

Member / Co-chair, Securities Litigation Practice

[email protected]

+1.617.348.1689

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Adam is a highly experienced trial attorney with a broad range of complex commercial litigation capabilities. Business cases and securities litigation are a particular focus for Adam, who Co-chairs the firm's Securities Litigation Practice. Corporations and individuals with significant fiduciary responsibilities, including officers, directors, and accountants, rely on Adam’s counsel.

Adam's practice encompasses a wide range of matters focusing on business and securities litigation, internal investigations, and government enforcement actions. Adam represents corporations, officers, directors, accountants, and other individuals in SEC investigations and enforcement proceedings, as well as in civil litigation. He routinely counsels public and private companies and others in matters involving compliance issues, including matters arising under the Foreign Corrupt Practices Act (FCPA).

As part of the firm’s EB-5 practice working group, Adam also represents regional centers, issuers, and borrowers in connection with both routine and complex issues that arise in EB-5 transactions. He also counsels EB-5 regional centers and issuers in risk mitigation and policy development, as well as on FCPA issues in connection with the marketing of EB-5 investments outside the United States.

In 2001 to 2002, while on leave from the firm, Adam practiced as a Special Assistant District Attorney in the Middlesex County (MA) District Attorney’s Office. During that time, he prosecuted and tried numerous drug, assault, domestic violence, and motor vehicle cases in bench and jury sessions and argued bail hearings, motions to suppress, and probation violations and surrenders.

In addition to his litigation experience, Adam has published numerous articles on securities-related topics and co-authored the Securities Litigation chapter in the definitive Massachusetts Continuing Legal Education compilation, Business Torts of Massachusetts. He has also served as a trial advisor to the Harvard Law School Trial Advocacy Workshop.

During law school, he served as executive case and note editor of the New England Law Review. Adam was also a New England Scholar, and was twice a recipient of the Trustees' Academic Scholarship Award.

Adam also serves as a member of the Joint Bar Committee on Judicial Appointments, an independent and nonpartisan entity responsible for reviewing the qualifications of applicants for judicial appointment to all courts of the Commonwealth of Massachusetts.

Education

  • New England Law (JD)
  • Framingham State College (MA)
  • American University (BS)

Experience

  • Represented Apollo Global Management, LLC and its portfolio company, The Fresh Market, as coordinating litigation counsel in multiple merger objection suits arising from the acquisition of The Fresh Market in March of 2016 by certain Apollo affiliates. Following the acquisition, ten separate suits were filed in federal and state courts in Delaware and North Carolina. Mintz successfully negotiated the resolution of all ten complaints in the Delaware Chancery Court and federal district court in the Middle District of North Carolina.
  • Trial counsel in S.D.N.Y. to former CFO of two-and-a-half billion-dollar company based in China, in a securities class action relating to the company's 2011 financial collapse. Having obtained an $880 million default judgment against China-based corporate defendants, Plaintiff's alleged that the CFO had acted recklessly and made misstatements about the company's financial health. Secured a favorable jury verdict and resulting settlement that required no monetary payment from the CFO.
  • Represented a global pharmaceutical manufacturer in a highly publicized antitrust MDL class action antitrust litigation, which was the first alleged pharmaceutical “pay-for-delay” case to go to trial since the Supreme Court articulated a new controlling legal standard in its 2013 decision in FTC v. Actavis. Case settled on favorable terms.
  • Represented a pharmaceutical company in an antitrust alleged pay-for-delay class action.
  • Secured, on behalf of a public company client, a $100 million settlement in connection with a dispute concerning investments made on its behalf in certain failed auction rate securities
  • Secured a jury acquittal for the former CEO of a publicly-traded corporation charged with criminal tax evasion arising from an options backdating investigation.
  • Served as counsel for a pharmaceutical company in a securities class action alleging that our client and certain of its officers and directors violated Rule 10b-5 in connection with the alleged failure to disclose clinical trial results for a product being developed by the company. Case dismissed without prejudice.
  • Represented a public company defendant in a four-week jury trial that successfully defeated a $30 million punitive damages claim brought in the Business Litigation Session of the Massachusetts Superior Court.
  • Obtained a defense verdict on all claims after a jury trial on behalf of several public company officers and directors in a securities fraud case in federal court in Massachusetts.
  • Represented the CEO of a global media company in shareholder litigation, consolidated in the Delaware Court of Chancery, pertaining to a "going private" transaction. Achieved settlement on very favorable terms for the client.

Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star – Securities Litigation (2005 – 2009)
  • Benchmark Litigation: Future Stars (2009)
  • •Greater Boston Chamber of Commerce: Boston's Future Leaders (2009)

Involvement

  • Past advisor, Harvard Law School Trial Advocacy Workshop
  • Member, American Bar Association
  • Member, Massachusetts Bar Association
  • Member, Boston Bar Association
  • Corporate member (since 1999), Greater Boston Legal Services
  • Board member, Jewish Family Service of Metrowest
  • Board member, Framingham Historical Society and Museum

Recent Insights

News & Press

Viewpoints

In a boon for public company shareholder plaintiffs this week, the U.S. Supreme Court upheld state courts’ concurrent jurisdiction over securities class actions alleging violations of certain federal securities laws.
Like Elsa, the Princess in Disney’s classic Frozen, once again the Securities and Exchange Commission (SEC) has utilized its power to freeze.
While issuers and regional centers are the focus of EB-5 litigation right now and into the foreseeable future, if you are taking direct proceeds as a borrower in a transaction facilitated by an EB-5 regional center or issuer you need to have legal advice on the scope of your liability in a deal.
EB-5 regional centers and issuers take heed. The Securities and Exchange Commission ("SEC") is pursuing litigation against parties in several EB-5 deals.
The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors under the EB-5 Immigrant Investor Program shows that the government is taking a tougher approach to enforcement in the EB-5 space.
For alleged EB-5 fraudster Lin Zhong there is a cold winter ahead. A deep freeze. As we expected when news of the case recently broke, the Securities and Exchange Commission (SEC) obtained a court order freezing Zhong’s assets as well as those of her company EB-5 Asset Manager LLC.
What do a $175,000 Sea Ray yacht, a brand new $100,000 Mercedes Benz S-550 and a $55,000 BMW X5 SUV all have in common?
Hear from Adam Sisitsky, a member of Mintz Levin’s Securities Litigation Practice, on the three D’s of EB-5 risk mitigation.
A witness testifying under oath before the SEC recently refused to answer any questions directed to him, not because of any privilege, but rather -- as he said, sixty-eight different times -- because he was “scared" and “frightened.”  The SEC subsequently (and successfully) petitioned a Massachusetts federal court for an order compelling the individual to re-appear before the SEC and comply with the subpoena in question. SEC v. Carlos R. Garza, 1:15-mc-91258-RGS (D.Mass.).
On August 25, 2015, the U.S. Securities and Exchange Commission (SEC) filed a civil fraud suit against Lobsang Dargey, a Bellevue, Washington-based real estate developer and alleged fraudster, who also happens to be a brother-in-law of tennis star Andre Agassi.

News & Press

This column discusses a recent securities class action decision – the first-ever concerning climate change-related allegations. The column is authored by Members and Co-Chairs of the Securities Litigation Practice Adam Sisitsky and Jack Sylvia and Attorney Rebecca Zeidel.
Mintz secured United States Citizenship and Immigration Services’ approval for Peak Resorts, Inc.’s application for the company’s proposed Great North Regional Center.
This Ignites feature article discusses President Trump’s naming of the acting U.S. Securities and Exchange Commission Chair and what the move means in regards to recently imposed rules.
Mintz has named Adam L. Sisitsky Co-Chair of the firm’s Securities Litigation Practice. Mr. Sisitsky will serve along with current Co-Chair, John F. Sylvia.
Mintz Members Doug Hauer, Adam Sisitsky, and Larry Schoen authored this EB-5 Regional Center Business Journal column. The authors note with increased scrutiny of the program, they expect increased attention to securities compliance and litigation risk mitigation throughout the EB-5 industry.
Mintz Members Peter Saparoff and Adam Sisitsky, and Associate Joel Rothman co-authored the book Business Torts in Massachusetts, which provides a comprehensive and practical guide for business counsel and litigators on the wide range of "business torts" actions.